Every New And Successful Example Of A

Attempts To Enforce By Legal Sanctions, Acts Obnoxious To So Great A Proportion Of Citizens, Tend To Enervate The Laws In General, And To Slacken The Bands Of Society. If It Be Difficult To Execute Any Law Which Is Not Generally Deemed Necessary Or Salutary, What Must Be The Case, Where It Is Deemed Invalid And Dangerous? And What May Be The Effect Of So Striking An Example Of Impotency In The Government, On Its General Authority?

It Is The Duty Of Every Man To Render To The Creator Such Homage And Such Only As He Believes To Be Acceptable To Him. This Duty Is Precedent, Both In Order Of Time And In Degree Of Obligation, To The Claims Of Civil Society.

If The Public Homage Of A People Can Ever Be Worthy Of The Favorable Regard Of The Holy And Omniscient Being To Whom It Is Addressed, It Must Be That In Which Those Who Join In It Are Guided Only Be Their Free Choice-by The Impulse Of Their Hearts And The Dictates Of Their Consciences.

The Proposed Constitution, Therefore, Even When Tested By The Rules Laid Down By Its Antagonists, Is, In Strictness, Neither A National Nor A Federal Constitution; But A Composition Of Both. In Its Foundation It Is Federal, Not National; In The Sources From Which The Ordinary Powers Of The Government Are Drawn, It Is Partly Federal, And Partly National; In The Operation Of These Powers, It Is National, Not Federal; In The Extent Of Them Again, It Is Federal, Not National; And Finally, In The Authoritative Mode Of Introducing Amendments, It Is Neither Wholly Federal, Nor Wholly National.

To Refer The Power In Question To The Clause "to Provide For The Common Defense And General Welfare" Would Be Contrary To The Established And Consistent Rules Of Interpretation, As Rendering The Special And Careful Enumeration Of Powers Which Follow The Clause Nugatory And Improper. Such A View Of The Constitution Would Have The Effect Of Giving To Congress A General Power Of Legislation Instead Of The Defined And Limited One Hitherto Understood To Belong To Them, The Terms "common Defense And General Welfare" Embracing Every Object And Act Within The Purview Of A Legislative Trust.